Deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards

Article 49 of the Criminal Code of the Republic of Kazakhstan regulates the procedure for depriving a convicted person of special, military, honorary titles, class ranks, diplomatic grades, qualification classes, and state awards. Below is a detailed legal commentary on this article, with examples from judicial practice and references to related provisions.

📘 Legal Analysis of Article 49

🔹 Part 1: Deprivation of Titles and Classes

According to Part 1 of Article 49, a person convicted of an intentional criminal offense may be deprived by the court of special, military, honorary, or other titles, class ranks, diplomatic grades, and qualification classes. This additional punishment is applied taking into account the personality of the offender and the nature of the committed crime.

It is important to note that deprivation applies only to titles and ranks granted by state authorities, not by public or private organizations. This measure aims to preserve the authority of state institutions and prevent the discrediting of state awards and titles.

🔹 Part 2: Submission to the President of the Republic of Kazakhstan

Part 2 of Article 49 provides that, when a person holding state awards or titles granted by the President of the Republic of Kazakhstan is convicted, the court may submit a proposal to the President to deprive the convicted person of those awards and titles. If the conviction is related to a corruption crime, the submission of such a proposal is mandatory.

This provision highlights the special significance of state awards and titles conferred at the highest level and underscores the need to protect their prestige in cases of serious offenses.

⚖️ Judicial Practice

🔸 Case of Karim Massimov

In 2023, former Chairman of the National Security Committee Karim Massimov was convicted of high treason and other crimes. The court sentenced him to 18 years of imprisonment with confiscation of property and a lifetime ban from holding public office. The court also submitted a proposal to the President of Kazakhstan to deprive Massimov of his state awards and titles, in full accordance with Article 49 of the Criminal Code.

🔸 Case of Baglan Maylybayev

In 2017, Baglan Maylybayev, former Deputy Head of the Presidential Administration, was convicted for disclosing state secrets and embezzling budget funds. The court sentenced him to five years in prison with confiscation of property and a lifetime ban from holding positions in state bodies. A proposal was also submitted to the President to deprive Maylybayev of all state awards.

📚 Related Provisions and International Standards

🔹 Criminal Code of the Republic of Kazakhstan

· Article 50 – Deprivation of the right to hold certain positions or engage in certain activities.· Article 50-1 – Deprivation of citizenship of the Republic of Kazakhstan.

Together with Article 49, these provisions form a system of additional punishments aimed at ensuring public safety and protecting state interests.

🔹 International Norms

According to Article 15 of the International Covenant on Civil and Political Rights, no one shall be convicted for an act that did not constitute a criminal offense under national or international law at the time it was committed. This provision ensures the protection of human rights and prevents the arbitrary application of criminal law.

📝 Conclusion

Article 49 of the Criminal Code of the Republic of Kazakhstan plays an important role in the system of criminal penalties, allowing for the deprivation of state awards and titles from persons convicted of intentional crimes. This measure helps preserve the integrity of state institutions and strengthen public confidence in the justice system.

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